Demurrer; Motion to strike
Motion type
Ruling
that it may show that Uribe's action in repossessing the Subject Vehicle from the Niepoknys' garage reflects a common plan, intent, or absence of mistake within the meaning of Evidence Code section 1101, subdivision (b). Turning to the Niepoknys' request in the motion for monetary sanctions, the $11,220 in attorney's fees that is being sought is based on their counsel's statement in a declaration supporting the motion that he spent 13.2 hours working on it at his hourly billing rate of $850. The Court is reducing the amount sought by 1/3 given that the Niepoknys succeeded on 2 of the 3 questions, but not all 3 questions, that were the subject of their motion.
This reduction comes out to $7,840. That monetary sanction is imposed on the Defendants and their counsel. It is payable to the Niepoknys' counsel within 60 days of this order. The Court also grants the Niepoknys' motion to the extent that it seeks attorney's fees and costs associated with the second deposition.
overruled and their motion to strike is denied. The Court will set forth the grounds for these rulings at the heairng this morning. | Home -->)" -->
Cited authorities
Looking for case law or statutes not cited here? Search published authorities
Ask about this ruling
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”